Five immigrant expectant mothers have sued the Trump administration with the help of immigration advocacy groups CASA and the Asylum Seeker Advocacy Project. The plaintiffs seek to block Executive Order 14160, which would end birthright citizenship for infants born in the U.S. to parents who are not citizens or lawful permanent residents. The plaintiffs argue that this order violates the 14th Amendment of the Constitution, which establishes birthright citizenship.
On Feb. 5, 2025, Judge Deborah Boardman issued preliminary nationwide injunction blocking implementation of the birthright citizenship Executive Order. The Fourth Circuit denied the Defendants’ request for a partial stay of the district court’s injunction, which Defendants appealed to the Supreme Court. On June 27, the Supreme Court issued an opinion staying the district court's injunction, limiting the ability for district courts to issue universal injunctions unless necessary to provide plaintiffs "complete relief." Following the Supreme Court’s ruling, the plaintiffs filed an amended class action complaint and emergency motion for class-wide injunctive relief against the birthright citizenship order. The case is proceeding in the district court.
